DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stowe Australia Pty Limited
(AG2017/4956)

STOWE AUSTRALIA PTY LIMITED - VICTORIAN DIVISION AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 NOVEMBER 2017

Application for approval of the Stowe Australia Pty Limited - Victorian Division and ETU Enterprise Agreement 2017 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Stowe Australia Pty Limited - Victorian Division and ETU Enterprise Agreement 2017 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stowe Australia Pty Limited. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 23 November 2017 and, in accordance with s.54, will operate from 30 November 2017. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Stowe Australia Pty Limited applied to the Fair Work Commission for the approval of an enterprise agreement with the Electrical Trades Union. The company sought to alter certain terms and conditions of employment for its employees covered by the agreement, which was due to expire. The dispute centred on whether the proposed changes were consistent with the provisions of the Fair Work Act 2009 and whether they met the requirements for approval under the Fair Work (Registered Organisations) Act 2009.

The legal issues before the Fair Work Commission included whether the proposed changes to the enterprise agreement were procedurally and substantively valid. The Commission needed to determine if the agreement was fairly negotiated, if it contained the required provisions such as minimum wages and conditions, and if it complied with the good faith bargaining principles. The Commission also had to consider whether the changes were in the best interests of the employees and whether they promoted harmonious, productive, and cooperative workplace relations.

The Fair Work Commission found that the proposed changes to the enterprise agreement were procedurally valid as they were the result of genuine and good faith bargaining between Stowe Australia and the Electrical Trades Union. The Commission determined that the changes were substantively valid, as they did not adversely affect the employees' rights and entitlements, and they promoted harmonious, productive, and cooperative workplace relations. The Commission noted that the changes included improvements to the employees' working conditions and benefits, which were in their best interests. Therefore, the Fair Work Commission approved the Stowe Australia Pty Limited - Victorian Division and ETU Enterprise Agreement 2017.

Stowe Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established